Helping You Put Your Life Back On Track After A Serious Injury
Recently, a state appellate court issued a written opinion in a personal injury case involving a parent’s allegations against her daughter’s school. While the case arose in another jurisdiction, it raises important issues under Indiana personal injury law. Specifically, the duty that a school owes to its students. The Facts of the Case According to the court’s opinion, the plaintiff’s…
Filing a successful Indiana medical malpractice lawsuit can be a complicated endeavor. Not only do these claims often require several expert witnesses to explain the relevant issues in the case to the jury, but there are also additional procedural requirements that a plaintiff must follow. Under Indiana Code Article 18 Chapter 8, a person bringing a medical malpractice lawsuit against…
Winter is officially here, and along with the season comes the ability to participate in some of the most fun and exciting sports – skiing and snowboarding. Part of the reason why these sports are so thrilling is also what makes them so dangerous. High speeds, steep hills, moguls, tight turns, and trees all contribute to the overall experience of…
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and, thus, could not be held liable for the plaintiff’s injuries.…
Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that all Indiana personal injury victims would be wise to consider before filing a case against a defendant. The case addressed when a personal injury defendant may be able to evoke their privilege against self-incrimination when asked to testify in a personal…
Earlier in November, a written opinion was issued about an Indiana product liability case discussing whether a plaintiff’s incorrect use of the product is a complete defense for the manufacturer. The court held that a plaintiff’s misuse of a product can be a total defense if it is proven by the manufacturer. The Factual Scenario According to the court’s opinion, the plaintiff purchased…
Recently, a state appellate court issued an opinion in a personal injury case discussing the res ipsa loquitor doctrine. Res Ipsa Loquitor is a legal doctrine that applies in some Indiana personal injury cases and allows the fact-finder to make an inference that the defendant was negligent although there is no direct evidence of the defendant’s negligence. The Facts of…
One of the most important decisions that an Indiana car accident plaintiff must make is which parties to name as defendants. This decision is so important because it can have a significant effect on whether the plaintiff will be able to recover for their injuries and, if so, how much they will be able to recover. One reason for this…
Recently, a federal appellate court issued a written opinion in a personal injury case illustrating an important concept that frequently arises in Indiana car accident cases. The case presented the court with the opportunity to discuss whether the plaintiff’s wrongful death case could survive the defendants’ motion for summary judgment. Specifically, the issue presented to the court was whether the…
Dogs are among the most common pets in the United States because they can provide owners with both companionship and security. However, each year there are hundreds of Indiana dog bite cases. Under Indiana law, these cases, for the most part, are governed by the common law theory of negligence. Dog Bite Liability Generally As a general matter, there are…